Published: Friday, August 2, 2013 at 4:13 p.m.

Last Modified: Friday, August 2, 2013 at 4:13 p.m.

Marion County stood out in a recent test, ranking as one of just three Florida counties to properly handle an inquiry concerning a state law that allows a minor to bypass her parents' permission to obtain an abortion.

Several undergraduates at the University of Michigan, as part of a class project, called courthouses in all 67 Florida counties within a two-week period during spring 2012. The callers inquired about the process a minor must go through to obtain a judge's permission for an abortion without parental consent.

Florida law requires a minor to either notify or obtain consent from her parents before an abortion procedure. The 2005 Parental Notice of Abortion Act requires physicians to notify a parent or legal guardian at least 48 hours before performing the procedure.

After the 1973 Roe v. Wade decision that legalized abortions across the country, states were required to provide an alterative procedure, such as a judicial bypass, where a minor can go before a judge and prove she is competent, responsible and knowledgeable to make the abortion decision on her own.

"Although these rights were strategically crafted to protect minors' constitutional rights, previous studies have proven it to be virtually inaccessible in many cases, defeating the purpose of the law," according to the report.

The report is modeled after a 2007 experiment by Helena Silverstein that tested accessibility of judicial bypass laws for minors in Tennessee, Pennsylvania and Alabama. "We chose Florida because we wanted something with a wide population, a wide age range and we wanted it to be moderate on its abortion stance in regards to its political stance," said co-author Julie Le.

According to the advocacy group NARAL Pro-Choice America, many state bypass procedures are "often an inadequate alternative for young women," who can be overwhelmed without a lawyer and can't always attend scheduled legal procedures because of conflicts with school hours.

Other young women don't attend the proceedings for fear their confidentiality will be compromised.

The Florida report found more than two-thirds of court clerks were unable or unwilling to provide the caller with correct or complete information. After each call, researchers rated the county from 0 to 100 based on a rubric of completeness and accuracy of response and overall treatment.

"...We expected it to be kind of bad but not as shocking as we received," said Le. "It wasn't that people didn't want to help us; they simply didn't know that the law existed."

Out of 67 counties, 44 received a failing grade, or "red" designation of fewer than 40 points. Overall, these counties denied the bypass law's existence, refused to give any additional details, or gave inaccurate information.

Polk County scored 0, Citrus County scored 10, and Alachua County got a 5. Leon County — home of Tallahassee — got a 0.

Five counties, including Pinellas with a score of 55, fell into the "yellow" category, meaning they provided some information but not all the details.

A total of 18 counties, including Marion, received more than 60 points and fell into the "green" category. In this category court employees knew the law and were able to explain the steps to obtaining the waiver.

Osceola, Martin and Marion were the only counties to receive perfect scores.

"We weren't giving those out lightly," Le said.

The report states when the caller contacted the Marion clerk's office, the caller was immediately connected to "an extremely polite" operator who transferred the call to family court. The employee clarified that the caller's questions referred to termination of a pregnancy, and provided the caller with correct information on the bypass procedure.

"The clerk was knowledgeable, polite and needed no extra time to satisfy the caller's questioning," stated the report.

"I believe the results of the survey show the commitment we have toward following the law, our exceptional customer service and the dedicated staff at the Marion County Clerk's Office," said Clerk of Court David Ellspermann.

"The Florida Court Clerks and Comptrollers Association provides information to educate our offices in new or changing legislation. The clerk staff is provided the information so that they are able to correctly inform the public."

He also emphasized the staff walks a fine line between explaining a process without providing legal advice.

The judicial bypass system made headlines in 2011 when a change in the law tightened restrictions on what courts minors could petition for the waiver, and extended the timeline for a court response from 48 hours to three business days.

<p>Marion County stood out in a recent test, ranking as one of just three Florida counties to properly handle an inquiry concerning a state law that allows a minor to bypass her parents' permission to obtain an abortion.</p><p>Several undergraduates at the University of Michigan, as part of a class project, called courthouses in all 67 Florida counties within a two-week period during spring 2012. The callers inquired about the process a minor must go through to obtain a judge's permission for an abortion without parental consent.</p><p>Florida law requires a minor to either notify or obtain consent from her parents before an abortion procedure. The 2005 Parental Notice of Abortion Act requires physicians to notify a parent or legal guardian at least 48 hours before performing the procedure.</p><p>After the 1973 Roe v. Wade decision that legalized abortions across the country, states were required to provide an alterative procedure, such as a judicial bypass, where a minor can go before a judge and prove she is competent, responsible and knowledgeable to make the abortion decision on her own.</p><p>"Although these rights were strategically crafted to protect minors' constitutional rights, previous studies have proven it to be virtually inaccessible in many cases, defeating the purpose of the law," according to the report.</p><p>The report is modeled after a 2007 experiment by Helena Silverstein that tested accessibility of judicial bypass laws for minors in Tennessee, Pennsylvania and Alabama. "We chose Florida because we wanted something with a wide population, a wide age range and we wanted it to be moderate on its abortion stance in regards to its political stance," said co-author Julie Le.</p><p>According to the advocacy group NARAL Pro-Choice America, many state bypass procedures are "often an inadequate alternative for young women," who can be overwhelmed without a lawyer and can't always attend scheduled legal procedures because of conflicts with school hours.</p><p>Other young women don't attend the proceedings for fear their confidentiality will be compromised.</p><p>The Florida report found more than two-thirds of court clerks were unable or unwilling to provide the caller with correct or complete information. After each call, researchers rated the county from 0 to 100 based on a rubric of completeness and accuracy of response and overall treatment.</p><p>"...We expected it to be kind of bad but not as shocking as we received," said Le. "It wasn't that people didn't want to help us; they simply didn't know that the law existed."</p><p>Out of 67 counties, 44 received a failing grade, or "red" designation of fewer than 40 points. Overall, these counties denied the bypass law's existence, refused to give any additional details, or gave inaccurate information.</p><p>Polk County scored 0, Citrus County scored 10, and Alachua County got a 5. Leon County — home of Tallahassee — got a 0.</p><p>Five counties, including Pinellas with a score of 55, fell into the "yellow" category, meaning they provided some information but not all the details.</p><p>A total of 18 counties, including Marion, received more than 60 points and fell into the "green" category. In this category court employees knew the law and were able to explain the steps to obtaining the waiver.</p><p>Osceola, Martin and Marion were the only counties to receive perfect scores.</p><p>"We weren't giving those out lightly," Le said.</p><p>The report states when the caller contacted the Marion clerk's office, the caller was immediately connected to "an extremely polite" operator who transferred the call to family court. The employee clarified that the caller's questions referred to termination of a pregnancy, and provided the caller with correct information on the bypass procedure.</p><p>"The clerk was knowledgeable, polite and needed no extra time to satisfy the caller's questioning," stated the report.</p><p>"I believe the results of the survey show the commitment we have toward following the law, our exceptional customer service and the dedicated staff at the Marion County Clerk's Office," said Clerk of Court David Ellspermann.</p><p>"The Florida Court Clerks and Comptrollers Association provides information to educate our offices in new or changing legislation. The clerk staff is provided the information so that they are able to correctly inform the public."</p><p>He also emphasized the staff walks a fine line between explaining a process without providing legal advice.</p><p>The judicial bypass system made headlines in 2011 when a change in the law tightened restrictions on what courts minors could petition for the waiver, and extended the timeline for a court response from 48 hours to three business days.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>